Drug War Chronicle #872 - February 5, 2015

1. The President's Budget: Drug War on Cruise Control [FEATURE]

The president's Fiscal Year 2016 budget proposal is out, and when it comes to the war on drugs, Obama is pretty much staying the course.

2. Medical Marijuana Update

Busy, busy. A federal medical marijuana bill is filed, and so are many more in the states. Also, the Surgeon General has something to say, Oregon bars patients from being caregivers, Maine says medical marijuana can make parents unfit, and more.

3. Ohio Drug Fugitive Killed in Columbus Gunfight

The last remaining member of Central Ohio's Short North Posse was shot and killed by police in Columbus on Tuesday.

4. This Week's Corrupt Cops Stories

What a busy week! Jail guards get arrested all over the place, an Illinois narcotics unit commander gets busted for drunk driving, a Seattle cop gets investigated for stealing weed, a Texas cop gets popped for selling fake weed at his store, a dirty Philadelphia cop heads for prison, and more.

5. Chronicle AM: MJ Decrim and Medical Bills Filed, Ramarley Graham Settlement, Jamaica Decrim Progess, More (2/2/15)

Decriminalization and medical marijuana bills are being filed left and right, Maine says pot patients can be unfit parents, Oregon says pot patients can't operate child care centers, New York City pays out big time for the killing of a black youth over weed, Jamaica's decrim bill advances, and more.

6. Chronicle AM: More Decrim & MedMJ Bills, Obama Budget Lets DC Legalize, WI Drug Test Opposition, More (2/3/15)

The president's budget adds one word that allows DC to move ahead with legalization, the marijuana and medical marijuana bills keep coming, hemp is coming to Oregon (get your permits now!), opposition is mounting to public aid benefits drug testing in Wisconsin, and more.

7. Chronicle AM: Fed Sentencing Reform Bill Refiled, CT Governor Calls for Drug Defelonization, More (2/4/15)

There's Florida medical marijuana news, the federal Justice Safety Valve Act is reintroduced, Connecticut's governor wants to defelonize drug possession, an Oregon bill would let localities opt out of legal marijuana commerce, and more.

1. The President's Budget: Drug War on Cruise Control [FEATURE]

This article was published in collaboration with AlterNet and first appeared here.

President Obama (whitehouse.gov)
President Obama released his Fiscal Year 2016 budget proposal today, and when it comes to the drug war budget, it's largely more of the same old same old. Despite the growing realization that the war on drugs is failed policy and despite the wave of marijuana legalization beginning to sweep through the states, there is no sign of anything new here.

Budget documents describe the drug war spending as "a 21st Century approach to drug policy that outlines innovative policies and programs and recognizes that substance use disorders are not just a criminal justice issue, but also a major public health concern" and calls for "an evidence-based plan for real drug policy reform, spanning the spectrum of prevention, early intervention, treatment, recovery support, criminal justice reform, effective law enforcement, and international cooperation."

But the rhetoric doesn't match up with the spending proposals. Instead, the decades old, roughly 60:40 split in favor of law enforcement over prevention and treatment continues. While the Department of Health and Human Services would get more than $10 billion for treatment and prevention programs (more than $6 billion of it for Medicaid and Medicare), drug law enforcement spending in the Departments of Defense, Homeland Security, and Justice, as well as the drug czar's office would total more than $14.5 billion.

Justice Department drug war spending would increase from $7.79 billion this fiscal year to $8.14 billion next year under the president's proposal. That includes nearly $3.7 billion for the Bureau of Prisons (up $187 million), $2.46 billion for the DEA (up $90 million), $519 million for the Organized Crime Drug Enforcement Task Force (up $12 million), and $293 million for the Office of Justice Programs (up $50 million).

That last line item -- the Office of Justice Programs -- is where the Edward Byrne Justice Assistance Grants, which typically fund multi-jurisdictional drug task forces, are found. It would see a rather substantial 20% funding increase despite congressional efforts in recent years to cut it back. That means more drug task forces, more drug busts, and more back-end costs associated with them (see the Bureau of Prisons line item).

While the overall federal drug budget is up to $27.57 billion (from $26.34 billion last year), there are decreases in some line items. The Office of National Drug Control Policy (ONDCP -- the drug czar's office) would be cut from $375 million this year to $307 million next year, the High Intensity Drug Trafficking Areas (HIDTA) program would be cut from $245 million to $193 million, and Defense Department drug war spending would be cut from $1.307 billion to $1.267 billion.

There are no huge increases in the drug war budget, but neither are there significant decreases. This is very much a drug war budget on cruise control. And this is, of course, only the president's proposed budget. What the Congress will do with it remains to be seen.

If everyone agrees the drug war is a failure, someone forgot to tell the president.

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2. Medical Marijuana Update

Busy, busy. A federal medical marijuana bill is filed, and so are many more in the states. Also, the Surgeon General has something to say, Oregon bars patients from being caregivers, Maine says medical marijuana can make parents unfit, and more. Let's get to it:

Federal

On Monday, a federal appeals court questioned attempts to shut down an Oakland dispensary. A three-judge panel of the 9th US Circuit Court of Appeals in San Francisco today challenged federal prosecutors over their attempt to shut down Oakland's Harborside dispensary. The judges wanted to know why the effort was continuing given recent policy pronouncements from the Justice Department that it would not go after dispensaries where they are legal.

On Tuesday, a bill to allow VA docs to to recommend medical marijuana was filed. US Rep. Earl Blumenauer (D-OR) and 16 bipartisan cosponsors have introduced a bill that would allow Veterans Affairs (VA) physicians to discuss and recommend medical marijuana to their patients, a right enjoyed by physicians outside of the VA system. The Veterans Equal Access Act is not yet available on the congressional web site.

On Wednesday, the US Surgeon General said medical marijuana can help some patients. In an interview on "CBS This Morning," US Surgeon General Vivek Murthy said the medical effectiveness of marijuana had to be shown scientifically and much more information about it was coming. "We have some preliminary data showing that for certain medical conditions and symptoms, marijuana can be helpful," said Murthy. "I think we have to use that data to drive policymaking, and I'm very interested to see where that data takes us."

California

Last Thursday, San Diego's first permitted dispensary won final approval. The A Green Alternative dispensary won a final okay from the Planning Commission. It will become the first permitted dispensary to operate in the city since the state passed Prop 215 in 1996. Three other dispensaries are expected to be approved in March.

On Wednesday, a federal judge upheld most patient claims in a lawsuit against Lake County. Patients filed suit after plant seizures last year. The county argued that officers could enter a property without a warrant to cut down plants because they use a lot of water and the state is in a drought, but the court rejected that argument.

On Tuesday, a lawsuit challenging Butte County cultivation restrictions was filed. The county's Measure A, which was approved by voters in November, restricts the size of gardens but not the number of plants. Plaintiffs argue that it prevents them from growing the marijuana necessary to treat their conditions.

On Tuesday, the Anaheim city council toughened its prohibition on dispensaries. The council passed a revised ordinance that now threatens landlords who rent to dispensaries with up to a year in jail and a $2,500 a day fine.

Colorado

On Tuesday, a bill to allow a continued medical marijuana system passed the state Senate. The bill would allow residents with medical marijuana cards to continue to use dispensaries until at least 2019. That means people with cards could continue to buy marijuana for a lower price than in the adult retail market because medical marijuana has lower taxes. The bill is Senate Bill 115, sponsored by Sen. Owen Hill (R- Colorado Springs).

Connecticut

On Monday, a state commissioner agreed to expand the list of qualifying ailments. Consumer Protection Commissioner Jonathan Harris said this morning that he will follow the recommendation of the program's Board of Physicians and is drafting new regulations to include sickle cell disease, post-surgical back pain with a condition called chronic radiculopathy, and severe psoriasis and psoriatic arthritis to the list of qualifying conditions. But that's not the end of it. Now, the proposal must be approved by the state attorney general and then by the General Assembly's Regulation Review Committee. A vote there could come by spring.

Florida

On Saturday, Florida sheriffs objected to a pending medical marijuana billl. The Florida Sheriffs Association has come out against Senate Bill 528 while meeting at their winter conference in Tallahassee. The sheriffs, with all their medical expertise, say that "smoked marijuana is not medicine" and list the medical conditions for which medical marijuana can be used. They have other demands, too; click on the link to read their press release.

On Tuesday, a new poll had medical marijuana doing well. A new Gravis Insights poll has support for medical marijuana at 64% in the Sunshine State. The poll comes as the legislature prepares to take up a medical marijuana bill, Senate Bill 528, and with the prospect of another initiative in 2016 looming. Last year's medical marijuana initiative won 57% of the vote, but was defeated because, as a constitutional amendment, it needed 60% of the vote to pass.

Illinois

On Monday, the state issued medical marijuana licenses. Gov. Bruce Rauner (R) Monday issued medical marijuana licenses and permits to qualifying growers and sellers. The move came after former Gov. Pat Quinn (D) failed to act on the permits before his term expired. See the full list of licenses and permits here.

Maine

Last Friday, the state's high court ruled that using medical marijuana can make parents unfit. The Maine Supreme Judicial Court has ruled in a child custody case that even though medical marijuana is legal in the state, its use can make a person an unfit parent. "Determining what is in the best interest of the child necessarily involves considering whether a parent's ability to care for his or her child is impaired, including by his or her marijuana use. As with any medication or substance, the question of whether a parent's ingestion of marijuana is legal is only part of the equation. The more important question is whether that ingestion negatively affects, limits or impairs a parent's capacity to parent his or her child," Chief Justice Leigh Saufley wrote in the eight-page decision. The case is Daggett v. Sternick.

Mississippi

On Monday, a medical marijuana bill was filed. State Sen. Deborah Dawkins (D-District 48) has filed Senate Bill 2318, which would allow patients with specified conditions to use medical marijuana. The bill doesn't envision dispensaries, but would allow patients to grow their own with a physician's recommendation.

Missouri

On Monday, a medical marijuana bill was filed. Rep. Dave Hinson (R-St. Clair) has filed a full-fledged medical marijuana bill. The bill would allow patients to possess up to 2.5 ounces and would require that the medicine be grown in the state. The measure is House Bill 800.

North Dakota

On Tuesday, a medical marijuana bill was filed. Rep. Pamela Anderson (D-Fargo) has introduced House Bill 1430, which would allow patients with qualifying conditions to use medical marijuana. But there is a big loophole. Patients could also qualify if they suffer "any persistent or chronic illness or condition... if the illness or condition may be improved by the use of marijuana."

Ohio

On Tuesday, a CBD medical marijuana bill was filed. Rep. Wes Retherford (R-Hamilton) has filed House Bill 33, which would allow doctors to prescribe high-CBD, low-THC cannabis oil to treat seizure disorders. The bill would make the oil available at a limited number of hospitals in the state.

Oregon

Last Friday, the state barred medical marijuana patients from being child care providers. The state Early Learning Council has voted to bar patients from being child care providers. The decision follows a six-month temporary rule that was issued last August and gave patients an ultimatum: your patient card or your child care business.

Tennessee

On Monday, a low-THC cannabis oil bill was filed. State Rep. Jeremy Faison (R-District 11) today introduced House Bill 197, which would allow the use of cannabis oil with less than 0.9% THC for medical purposes.

Virginia

On Monday, a CBD medical marijuana bill won a committee vote. A bill that would allow epilepsy patients to use low-THC, high-CBD medical marijuana won a committee vote Monday. Senate Bill 1235 passed the Senate Courts of Justice Committee on an 11-2 vote.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org].

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3. Ohio Drug Fugitive Killed in Columbus Gunfight

An Ohio man who had been a fugitive from drug charges for more than a year was shot and killed by state troopers in Columbus Tuesday. Jermonte Fletcher becomes the second person to die in US domestic drug law enforcement operations so far this year.

According to the Associated Press, relying on police sources, members of a US Marshals fugitive task force got a tip that Fletcher was at a Columbus apartment building, and when they tried to arrest him, he opened fire. Two state troopers returned fire, killing him.

No officers were injured in the shootout, but one injured his leg carrying an 8-year-old boy from the building.

Fletcher was the last member of the North Short Posse at large. The gang had moved large amounts of drugs through Central Ohio since the 1990s. Twenty-two members of the gang were indicted on federal drug trafficking, weapons, and money laundering charges in 2013. Nineteen of them have already pleaded guilty or been convicted.

Fletcher was facing up to 115 years in federal prison if convicted on all 46 counts against him. The US Marshals office said that he had vowed not to be taken alive.

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4. This Week's Corrupt Cops Stories

What a busy week! Jail guards get arrested all over the place, an Illinois narcotics unit commander gets busted for drunk driving, a Seattle cop gets investigated for stealing weed, a Texas cop gets popped for selling fake weed at his store, a dirty Philadelphia cop heads for prison, and more. Let's get to it:

In Seattle, a Seattle police officer was being investigated Saturday for allegedly stealing marijuana from the evidence room to use with her lesbian lover. Officer Cynthia Whitlatch came under scrutiny after arresting an elderly black man for carrying a golf club that he used as a cane (and had done so for years). In the wake of publicity around that incident, a woman came forward to say she was Whitlatch's ex-girlfriend and that the two had smoked the marijuana at home after Whitlatch stole it in the spring of 2005.

In Raymondville, Texas, an Edinburg police officer was arrested last Monday for selling synthetic marijuana at his Raymondville store. Officer Michael Anthony Moreno, 32, was arrested after officers found 21 pounds of the fake pot at his store. Police acted on a citizen's complaint that he was selling the stuff. He is charged with possession of a controlled substance in a drug-free zone and delivery of a controlled substance in a drug-free zone. He has been suspended without pay.

In Suffolk, Virginia, a guard at the Western Tidewater Regional Jail was arrested last Thursday after it was discovered that he was smuggling marijuana to an inmate. Michael Williams went down after authorities received a tip. He is charged with Accomodation/Distribution of Marijuana to an Inmate. He's out on $5,000 bond.

In Jackson, Mississippi, a Jackson Detention Center guard was arrested last Thursday on charges he tried to smuggle contraband into the jail. Anthony Ware, 30, went down after arriving at work with "a strong odor" and was subsequently searched. Guards found marijuana, amphetamines and other controlled substances on him, as well as cigarettes and condoms. He is charged with possession of marijuana with the intent to distribute, possession of amphetamines and other controlled substances with the intent to distribute and the introduction of contraband into a correctional facility.

In Crown Point, Illinois, the head of the Lake County Sheriff's Department drug unit was arrested Sunday after he struck two cars on Main Street and then left the scene. Commander David Britton, 46, was busted with a blood alcohol content of 0.24%, three times the legal limit. He was reportedly driving at a high rate of speed in snowy conditions when he attempted to pass a car, but instead struck it. He then hit the front side of another car waiting at a traffic light. He then drove away, but was arrested nearby.

In Plainfield, Indiana, a Plainfield jail guard was arrested Monday on charges he smuggled drugs to an inmate. Ryan Daniels, 22, went down after investigators received a tip that he would be bringing heroin and tobacco into the jail. During an interview, he admitted smuggling drugs into the jail and produced a package he had taped between his legs. It contained marijuana, synthetic marijuana, and heroin. He is charged with trafficking with an inmate and dealing in a synthetic drug.

In Denver, a former Walsenburg police officer was sentenced last Wednesday to five years in federal prison for helping hide her ex-husband's stash of cash and heroin after he was arrested by police in Pueblo. Gloria Suazo pleaded guilty to charges of aiding and abetting the possession with intent to distribute heroin. She still faces unrelated charges of selling crack cocaine in Pueblo.

In Philadelphia, a former narcotics officer was sentenced last Wednesday to more than 17 years in federal prison for stealing money and selling drugs in and out of uniform. Jonathan Garcia, 24, stole more than $4,000 from drug suspects, then filed fake paperwork to hide his activities. He and his partner, Sydemy Joanis, ripped off at least five drug dealers between April 2010 and June 2012. He was also selling heroin, including while he was on duty and sometimes right across the street from the 17th Police District Headquarters.

In Honolulu, a Coast Guard officer was convicted and sentenced last Thursday to three years in the brig for a variety of drug and other offenses. Ensign Johnson Cox was found guilty of possession and distribution of multiple controlled substances, cruelty and maltreatment toward a subordinate, assault, absence without leave, failure to obey an order and dereliction of duty.

In San Diego, two married San Diego police officers were sentenced last Friday to three years in state prison after being convicted of drug and burglary charges. Bryce Charpentier, 32, and his wife Jennifer, 41, pleaded guilty to distributing drugs, stealing prescription medications from Jennifer's mother, and burglarizing a home while on duty.

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5. Chronicle AM: MJ Decrim and Medical Bills Filed, Ramarley Graham Settlement, Jamaica Decrim Progess, More (2/2/15)

Decriminalization and medical marijuana bills are being filed left and right, Maine says pot patients can be unfit parents, Oregon says pot patients can't operate child care centers, New York City pays out big time for the killing of a black youth over weed, Jamaica's decrim bill advances, and more. Let's get to it:

Marijuana Policy

Delaware Decriminalization Bill Filed. State Rep. Helene Keeley (D-Wilmington) and several cosponsors have filed House Bill 39, which would make possession of up to an ounce a civil infraction punishable only by a fine. Public use would remain subject to jail time, but for no more than five days.

Maryland Push for Legalization Underway. Supporters of legalization held a press conference last Friday to push the idea forward. State legislators, including Del. Curt Anderson (D-Baltimore) were joined by a Colorado legislator and Seattle City Attorney Pete Holmes. The press conference came as legalization supporters prepared to brief legislative committees on the topic. Maryland decriminalized it last year.

Minnesota Poll Finds More Want to Legalize It Than Don't. A new Public Policy Polling survey finds just short of a majority for legalizing pot there. Some 49% said they thought marijuana should be legal and regulated, while 44% thought it "should remain illegal." Support for medical marijuana, meanwhile, was at 76%.

New Hampshire Decriminalization Bill Filed. Rep. Adam Schroadter (R-Newmarket) and seven cosponsors have introduced House Bill 618, which would decriminalize the possession of small amounts of marijuana. New Hampshire is the only New England state that has not decriminalized.

New Mexico Decriminalization Bill Filed. State Sen. Joseph Cervantes (D-Dona Ana County) has introduced Senate Bill 383, which would decriminalize the possession of up to four ounces and eliminate jail time for possession of up to eight ounces. Currently, possession of less than an ounce is a petty misdemeanor with possible jail time, while possession of between one and eight ounces is a misdemeanor with up to a year in jail.

Virginia Decriminalization Bill Dies in Senate Committee. A bill that would have decriminalized pot possession in the Old Dominion was killed last Wednesday in the Senate Courts of Justice Committee. Senate Bill 686, introduced by Sen. Adam Ebbin (D-Alexandria) died in a 9-5 party line vote.

Philadelphia Pot Arrests Drop 88% After Decriminalization. Philadelphia police arrested only 63 people for marijuana possession between October 20 and year's end, marking a massive decline in marijuana arrests after decriminalization. Last year during the same time period, there were 559 possession arrests.

Medical Marijuana

Connecticut State Commissioner Agrees to Expand Qualifying Ailments List. Consumer Protection Commissioner Jonathan Harris said this morning that he will follow the recommendation of the program's Board of Physicians and is drafting new regulations to include sickle cell disease, post-surgical back pain with a condition called chronic radiculopathy, and severe psoriasis and psoriatic arthritis to the list of qualifying conditions. But that's not the end of it. Now, the proposal must be approved by the state attorney general and then by the General Assembly's Regulation Review Committee. A vote there could come by spring.

Maine High Court Rules Using Medical Marijuana Can Make Parents Unfit. The Maine Supreme Judicial Court has ruled in a child custody case that even though medical marijuana is legal in the state, its use can make a person an unfit parent. "Determining what is in the best interest of the child necessarily involves considering whether a parent's ability to care for his or her child is impaired, including by his or her marijuana use. As with any medication or substance, the question of whether a parent's ingestion of marijuana is legal is only part of the equation. The more important question is whether that ingestion negatively affects, limits or impairs a parent's capacity to parent his or her child," Chief Justice Leigh Saufley wrote in the eight-page decision. The case is Daggett v. Sternick.

Mississippi Medical Marijuana Bill Filed. State Sen. Deborah Dawkins (D-District 48) has filed Senate Bill 2318, which would allow patients with specified conditions to use medical marijuana. The bill doesn't envision dispensaries, but would allow patients to grow their own with a physician's recommendation.

North Dakota Medical Marijuana Bill Filed. Rep. Pamela Anderson (D-Fargo) has introduced House Bill 1430, which would allow patients with qualifying conditions to use medical marijuana. But there is a big loophole. Patients could also qualify if they suffer "any persistent or chronic illness or condition that, in the opinion of a physician, substantially limits the ability of a person to conduct one or more major life activities; or may cause serious harm to the patient's safety or mental or physical health if not alleviated; if the illness or condition may be improved by the use of marijuana."

Oregon Bars Medical Marijuana Patients From Being Child Care Providers. The state Early Learning Council has voted to bar patients from being child care providers. The decision follows a six-month temporary rule that was issued last August and gave patients an ultimatum: your patient card or your child care business.

Tennessee Low-THC Cannabis Oil Bill Filed. State Rep. Jeremy Faison (R-District 11) today introduced House Bill 197, which would allow the use of cannabis oil with less than 0.9% THC for medical purposes.

Law Enforcement

Chicago Federal Prosecutors Drop "Stash House" Cases. The US attorney's office in Chicago has dropped dozens of serious drug conspiracy cases that were based on undercover stings where law enforcement agents enticed people into robbing non-existent drug stash houses. The law enforcement technique has come under strong criticism that it amounts to entrapment and is used disproportionately to target minorities. Clarence Walker has covered this issue for the Chronicle here and here.

New York City Pays to Settle Killing of Black Teenager Over Weed. The city has settled with the family of Ramarley Graham, an 18-year-old black teen who was shot dead in his own bathroom by an NYPD cop who had stormed into his apartment without a warrant after suspecting he had marijuana. The killer cop, Richard Haste, was indicted in the shooting in 2012, but a judge threw out that indictment and a second grand jury failed to indict. Police said they suspected he had a gun because of the way he moved his hands near his waist. No weapon was ever found. The city has now agreed to pay the Graham family $3.9 million.

National Sheriffs Association Wants Deputy Attorney General Nominee "Investigated" for Pro-Drug Reform Comments. The group is upset with Vanita Gupta, nominated to head the department's Civil Rights Division. She has called for the decriminalization of all drugs, and that "put her at odds with the goal of public safety," the sheriffs complain. How her publicly made remarks would be "investigated" remains to be seen.

International

Jamaica Senate Begins Debate on Decriminalization. The Senate last Friday began debating a bill that would decriminalize marijuana and establish a licensing authority for a marijuana industry on the island. The bill would also allow for Rastafarians to use ganja for religious purposes. Debate is expected to continue in the Senate in coming days before the bill is sent to the lower chamber. It is expected to pass, since the ruling party, which submitted it, controls both chambers and the opposition also supports its broad outlines.

Venezuela Shoots Down Suspected Drug Plane Off Aruba. The Venezuelan defense ministry confirmed last Friday that its fighter jets had shot down a civilian plane suspected of carrying drugs. The plane went down off Aruba. Aruban officials had reported a day earlier that a plane had come down in flames, and human remains and packages of drugs could be seen in the water. Venezuela has shot down a number of suspected drug planes in recent years.

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6. Chronicle AM: More Decrim & MedMJ Bills, Obama Budget Lets DC Legalize, WI Drug Test Opposition, More (2/3/15)

The president's budget adds one word that allows DC to move ahead with legalization, the marijuana and medical marijuana bills keep coming, hemp is coming to Oregon (get your permits now!), opposition is mounting to public aid benefits drug testing in Wisconsin, and more. Let's get to it:

Wisconsin Gov. Scott Walker's plan to impose drug testing on public aid benificiaries is drawing opposition. (wi.gov)
Marijuana Policy

Obama Budget Leaves DC Free to Legalize. Tucked inside the president's just-released 2016 budget proposal is a subtle language change that would let DC legalize and regulate marijuana sales any way it sees fit. It does so by adding a single word. The Obama budget bars the use of any federal funds, while the congressional budget language bars the use of funds. By adding the word "federal," the Obama budget language leaves DC free to use its own funds to implement the legalization measure approved by voters in November.

Illinois Decriminalization Bill Filed. Rep. Kelly Cassidy (D-Chicago) has introduced a bill that would decriminalize the possession of up to 30 grams of marijuana, with violators paying a fine of no more than $100. The measure is House Bill 218.

Maryland Paraphernalia Decriminalization Bill Filed. Del. Curt Anderson (D-Baltimore) has filed legislation that would decriminalize the possession of marijuana paraphernalia. Maryland decriminalized pot -- but not paraphernalia -- last year, and this bill seeks to rectify that oversight. The bill is House Bill 105.

Wyoming Marijuana Study Bill No Longer Blocks Consideration of Other Pot Bills. The House Judiciary Committee has approved a bill that would study marijuana legalization in other states, but not before amending it to remove language that would have blocked consideration of other marijuana-related bills. The measure is House Bill 187.

Medical Marijuana

Federal Appeals Court Questions Attempt to Shut Down Oakland Dispensary. A three-judge panel of the 9th US Circuit Court of Appeals in San Francisco today challenged federal prosecutors over their attempt to shut down Oakland's Harborside dispensary. The judges wanted to know why the effort was continuing given recent policy pronouncements from the Justice Department that it would not go after dispensaries where they are legal.

Federal Bill to Allow VA Docs to Recommend Medical Marijuana Filed. US Rep. Earl Blumenauer (D-OR) and 16 bipartisan cosponsors have introduced a bill that would allow Veterans Affairs (VA) physicians to discuss and recommend medical marijuana to their patients, a right enjoyed by physicians outside of the VA system. The Veterans Equal Access Act is not yet available on the congressional web site.

Illinois Issues Medical Marijuana Licenses. Gov. Bruce Rauner (R) Monday issued medical marijuana licenses and permits to qualifying growers and sellers. The move came after former Gov. Pat Quinn (D) failed to act on the permits before his term expired. See the full list of licenses and permits here.

Missouri Medical Marijuana Bill Filed. Rep. Dave Hinson (R-St. Clair) has filed a full-fledged medical marijuana bill. The bill would allow patients to possess up to 2.5 ounces and would require that the medicine be grown in the state. The measure is House Bill 800.

Virginia CBD Medical Marijuana Bill Moves. A bill that would allow epilepsy patients to use low-THC, high-CBD medical marijuana won a committee vote Monday. Senate Bill 1235 passed the Senate Courts of Justice Committee on an 11-2 vote.

Hemp

Oregon Now Accepting Industrial Hemp Applications. The state Department of Agriculture is accepting applications for licenses and permits for industrial hemp. Click here for license and permit applications.

Drug Testing

Wisconsin Governor's Public Aid Drug Testing Scheme Will Be Opposed By Dane County. Dane County (Madison) executive Joe Parisi (D) said Monday he might sue Gov. Scott Walker over his plans to drug test recipients of public aid benefits. "People who fall on hard times should not be treated like criminals; they should be treated like people who have fallen on hard times: with dignity and respect. Requiring someone who has just been laid off from their job to pee in a cup is not treating people in a dignified manner; it is degrading and insulting," Parisi said in a statement.

Wisconsin Governor's Public Aid Drug Testing Scheme Challenged by Coalition. A coalition of 15 groups are challenging Gov. Scott Walker's proposal to require applicants for and recipients of public assistance and unemployment insurance to pass drug tests. The groups all signed onto a letter criticizing the plan. The coalition includes advocates for Wisconsin's poor and women, members of the state's faith community, organized labor, and more.

International

Indonesia Set to Execute Eight More Drug Offenders, Including Seven Foreigners. A spokesman for the Indonesian attorney general's office said today that the country is preparing to execute eight drug smugglers, including citizens of Australia, Brazil, France, Ghana, Nigeria, and the Philippines. It executed six others just two weeks ago, despite international condemnation.

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7. Chronicle AM: Fed Sentencing Reform Bill Refiled, CT Governor Calls for Drug Defelonization, More (2/4/15)

There's Florida medical marijuana news, the federal Justice Safety Valve Act is reintroduced, Connecticut's governor wants to defelonize drug possession, an Oregon bill would let localities opt out of legal marijuana commerce, and more. Let's get to it:

At both the federal and the state level, efforts to reduce the prison population are underway. (nadcp.org)
Marijuana Policy

Oregon Bill That Would Let Localities Ban Pot Businesses Filed. A bill that would repeal parts of the Measure 91 legalization initiative to give local governments the power to regulate or prohibit marijuana businesses was filed Monday. The bill is Senate Bill 542. It is part of a package of bills before the Senate Implementing Measure 91 Committee.

Medical Marijuana

Colorado Bill to Allow Continued Medical Marijuana System Passes Senate. The bill would allow residents with medical marijuana cards to continue to use dispensaries until at least 2019. That means people with cards could continue to buy marijuana for a lower price than in the adult retail market because medical marijuana has lower taxes. The bill is Senate Bill 115, sponsored by Sen. Owen Hill (R- Colorado Springs).

Florida Poll Has Medical Marijuana Doing Well. A new Gravis Insights poll has support for medical marijuana at 64% in the Sunshine State. The poll comes as the legislature prepares to take up a medical marijuana bill, Senate Bill 528, and with the prospect of another initiative in 2016 looming. Last year's medical marijuana initiative won 57% of the vote, but was defeated because, as a constitutional amendment, it needed 60% of the vote to pass.

Florida Sheriffs Object to Medical Marijuana Bill. The Florida Sheriffs Association has come out against Senate Bill 528 while meeting at their winter conference in Tallahassee. The sheriffs, with all their medical expertise, say that "smoked marijuana is not medicine" and list the medical conditions for which medical marijuana can be used. They have other demands, too; click on the link to read their press release.

Ohio CBD Medical Marijuana Bill Filed. Rep. Wes Retherford (R-Hamilton) has filed House Bill 33, which would allow doctors to prescribe high-CBD, low-THC cannabis oil to treat seizure disorders. The bill would make the oil available at a limited number of hospitals in the state.

New Synthetics

Indiana Bill Seeks to Punish New Synthetics Like Other Drugs. After the Court of Appeals threw out the state's law banning synthetic drugs as overly broad and too complicated to be unconstitutional, lawmakers are responding by filing a bill that would increase the penalties for "dealing in a counterfeit substance if the person represents the substance to be cocaine, methamphetamine, LSD or a schedule I or II narcotic drug." The bill is Senate Bill 278, sponsored by state Sens. Jim Merritt (R-Indianapolis) and Randall Head (R-Logansport).

Drug Testing

Wisconsin Governor Makes it Official -- He Wants to Drug Test Public Benefits Recipients. Gov. Scott Walker (R) unveiled his budget proposal Tuesday, and it includes plans to require drug testing for those seeking a variety of public benefits. Walker would drug test not only people seeking food stamps, but also people seeking unemployment payments and people seeking Medicaid.

Sentencing

Federal Justice Safety Valve Act Reintroduced. A bipartisan group of legislators has reintroduced Senate Bill 353 (the House version is HR 706), the Justice Safety Valve Act. The Senate bill was filed by Sens. Rand Paul (R-KY) and Patrick Leahy (D-VT); the House version was filed by Reps. Thomas Massie (R-KY) and Bobby Scott (D-VA). The bill would give federal judges the ability to impose sentences below mandatory minimums in appropriate cases based upon mitigating factors.

Federal Drug Manufacturing Sentencing Enhancement Bill Filed. Sen. Orrin Hatch (R-UT) Tuesday filed Senate Bill 348, which would "impose enhanced penalties for conduct relating to unlawful production of a controlled substance on Federal property or... while intentionally trespassing on the property of another that causes environmental damage." That language is from the bill summary; the actual text is not yet available.

Connecticut Governor Calls for Drug Defelonization. Gov. Dannell Malloy Tuesday proposed rewriting the state's criminal law to make all simple drug possession arrests misdemeanors. Possession with intent to distribute would not be included. He would also eliminate mandatory minimum sentences for drug offenses and expand the state's pardon system. Under current state law, all drug possession arrests except for small amounts of marijuana are felonies, with sentences of up to seven years.

International

Senior British Cop Says Give Addicts Free Heroin. Mike Barton, chief constable for Durham, has called for an end to arresting heroin addicts and said it would be better to supply addicts with pharmaceutical heroin in a controlled setting. Targeting drug users is counterproductive, he said. "Their entrapment in criminal justice is a waste of police time and the state's money and dissuades addicts from revealing themselves for treatment for fear of criminal consequences," Barton said.

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